Legal Question in Employment Law in California

Employer Posts My Current Job in Classified Ad

I started a new job 5 months ago. Sold my house, moved 400 miles. Policies stipulate a 90 day probationary period and eval. My letter states 180 day review. Nothing to date. 5 months into the job, I learn it is posted on a website. I ask my boss's boss, who responds ''Why are you looking on an employment website? Our deal was a 180 day review. Talk with your boss.'' Who says ''He is not happy.'' I say it comes as a surprise and disappointment, since I have had no indication of a problem. Realizing I have not heard the words ''you are fired'', or seen anything in writing I continue to work. Hours later, the response is ''You still have a job. He is hedging his bet, as your review will be soon and he wants to be prepared to replace you because the dept. cannot operate without a VP.'' People who I know professionally have seen the ad, and are talking about my position being posted in this professional trade journal. I have fielded phone calls from people saying ''What's up?''

What are my options, and do I have a cause for legal action?


Asked on 8/31/02, 2:08 am

1 Answer from Attorneys

Re: Employer Posts My Current Job in Classified Ad

-Until you are terminated, it does not sound as though you have not suffered an adverse employment action. Although employees without an employment contract for a specific period of time are considered "at-will" an can be fired for any reason, there are exceptions to this rule. To know if you case falls into an exeception, I would need to know what the offer letter says, more information about the company's policy, the 'real' reason for your proposed termination. In other words is an illegal motive at the base of this proposed action. Feel free to contact me at 805/641-6600 for a free consultation.

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Answered on 9/09/02, 4:24 pm


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